Subject: TNI Should Be Given Special Legal Treatment When Committing
Civilian Crimes: Spokesman

The Jakarta Globe Saturday, February 14, 2009

Special Treatment for TNI

Markus Junianto Sihaloho

Members of the Indonesian military, or TNI, should be given exceptional
treatment under the law when suspected of civilian crimes, a senior
officer argued on Friday during the deliberation of a long-debated
military tribunal bill.

Air Vice Marshall Sagom Tamboen, a TNI spokesman, urged members of the
House of Representatives, or DPR, deliberating the bill to endorse a
proposal that servicemen suspected of a civilian crime be questioned by
military police, instead of civilian police, as some lawmakers have
demanded.

"It is not a privilege, but I think the state should give
different legal treatment to citizens who have special tasks," said
Sagom, adding that the military differed from ordinary people as they had
to be willing to sacrifice their lives for the country in a war.

Sagom was reacting to a stalemate in the deliberation of the military
tribunal bill over the point of who should question military personnel
when they stood accused of a civilian crime.

The Indonesian Democracy Party of Struggle, or PDI-P; the National
Mandate Party, or PAN; the United Development Party, or PPP, and National
Awakening Party, or PKB, factions have insisted that all civilian crimes,
including those committed by TNI members, be investigated by civilian
police. The government and military leaders insist that TNI members be
questioned by military police, as is the practice now, with Golkar; the
Democrat Party; the Prosperous Justice Party, or PKS; Prosperous Peace
Party, or PDS; and Democratic Vanguard Star, or PPD, factions all
supporting the status quo.

Sagom said military police were tasked with investigating all crimes
committed by soldiers, including civilian crimes.

"They should also consider that many soldiers, especially from
lower ranks, are not yet ready to be questioned by police officers,"
Sagom said.

During a hearing of House Commission I, which oversees military and
security affairs, lawmakers deliberating the bill agreed to put the issue
to a vote in a House plenary meeting.

"It's very likely that the issue will be resolved through a voting
in a House plenary meeting," said Andreas Hugo Pareira, chairman of
the House special commission deliberating the bill.

Andreas said earlier that all House factions in the commission agreed
to endorse the bill before their tenure ends in August.

Defense Minister Juwono Sudarsono, who represented the government in
the deliberations, said he would not force the House to conclude the
bill's deliberation as soon as possible.

"We are ready to wait for the House to make a decision [on the
deadlock]," he said on Thursday.

The military tribunal bill was supposed to be part of efforts to reform
the military by placing it on an equal footing with civilians.

The bill also proposes that soldiers accused of criminal offences be
tried in civilian courts, which often hand down tougher sentences compared
to military courts. While agreeing to subject military members to civilian
courts, the government and the military have insisted that military police
would investigate military personnel accused of committing a civilian
crime.

Legislators began working on the bill four years ago. In 2006, a
year-long impasse between the special committee and the Defense Ministry
forced President Susilo Bambang Yudhoyono to issue a statement saying his
administration supported the bill's basic principles.